Terms and Conditions

Last Updated on January 26,2009 

These Terms of Service are a legal agreement between you and THE PENTHOUSE HOME FURNISHINGS (alternatively referred to  "We," or "Us") and spell out the terms and conditions to which users of  our  Web site (the "Site") are expected to adhere. Please read it carefully before using the Site, because by using the Site, you agree to be bound by its terms as well as the terms of our Privacy Statement, which is hereby incorporated by reference into these Terms of Service. If you do not agree with or do not wish to be bound by all of the terms and conditions of this Agreement, do not use this Web site. We reserve the right to amend these Terms of Service at any time and will post the amended Terms of Service here.

1. SITE CONTENTS:
On occasion there may be information on THE PENTHOUSE HOME FURNISHINGS website that contains typographical errors, inaccuracies, or omissions that relate to product descriptions and pricing. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notification. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, and written and other materials that are part of this site are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by us. The Site and all its Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software.

2. PRODUCT INFORMATION:
Not all products featured on this site will be available at our location. We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

3. AGREEMENT TO PRIVACY POLICY
You agree to abide by our Privacy Policy, which is incorporated by reference into these Terms and Conditions.

4. DISCLAIMERS
We expressly disclaims any duty to update or revise the materials on this site, although we may modify the materials at any time without notice. By your use of this site, you acknowledge that your use is at your sole risk and that you assume full responsibility for all costs associated with all necessary servicing and repairs of any equipment you use in connection with your use of this site. You further acknowledge that we will not be liable for any damages of any kind related to your use of this site. You acknowledge that any use of or reliance on this Site or any Materials shall be at your sole risk. We make no representation or warranty of any kind regarding the Site and/or the Materials, including with respect to the information provided by third party legal and other consultants, all of which are provided on an "AS IS" basis.

WE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THIS SITE WILL CONTINUE TO OPERATE, OPERATE WITHOUT INTERRUPTIONS OR THAT IT WILL BE ERROR-FREE. Not limiting the generality of the foregoing, the information provided on this Site is for general informational purposes only.

5. LIMITATION OF LIABILITY
YOU AGREE THAT THE PENTHOUSE HOME FURNISHINGS AND ANY THIRD PARTY MENTIONED ON THIS SITE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE), ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THIS SITE, THE MATERIALS, ANY CONTENT PROVIDED OR ANY LINKED Web site OF A THIRD PARTY, EVEN IF WE, OR SUCH A THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. In any event, you agree that we aggregate liability for damages shall be limited to $100. The limitations of liability and disclaimers in these Terms and Conditions apply regardless of the form of action, whether in contract, warranty, civil liability,  strict liability, negligence, or other tort and shall survive a fundamental breach or breaches, or the failure of the essential purpose of contract or the failure of an exclusive remedy.

6. INDEMNIFICATION
You agree to defend, indemnify and hold THE PENTHOUSE HOME FURNISHINGS harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.